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Dr. Dre attends the premiere of 'The Defiant Ones' at Paramount Theatre on June 22, 2017 in Hollywood, California. (Photo by Jason LaVeris/FilmMagic)

The U.S. Patent and Trademark Office (USPTO) has ruled that the trademark of Dr. Drai, a gynecologist, does not infringe upon that of Dr. Dre as consumers aren't likely to be confused as to the source of Dr. Drai’s goods and services.

I know that was a weird sentence. Walk with me.

The Doctors Are In (Court)

The two doctors’ names are pronounced the same, but Dr. Draion Burch (Dr. Drai) is a licensed Pennsylvania physician whereas Andre Young (Dr. Dre) is the Grammy award-winning rapper, producer, actor and entrepreneur whom Rolling Stone has called the "single most influential producer in hip-hop history."

On his website, Dr. Drai describes himself as an “OBGYN & media personality” and offers “no-nonsense advice” through a video series. He appears at public events as a motivational speaker and is the author of 20 Things You May Not Know About the Vagina.

According to the USPTO opinion, Burch's nickname is Drai, derived from his first name Draion; "his family, his professors, his medical colleagues and his patients" all refer to him as Dr. Drai.

In 2015, he applied for the "Dr. Drai" trademark and requested protection for “educational and entertainment services,” with products to include books, audiobooks, webinars, podcasts and various other media related to his medical practice.

Dr. Dre objected to Dr. Drai’s trademark application, essentially arguing that the “media personality” part of Dr. Drai’s persona would confuse consumers into believing that Dr. Drai's products were connected with Dr. Dre’s “musical composition and production services due to the entertainment nature of both types of services.” Further, Dr. Dre argued, confusion is likely because Dr. Drai’s services “are offered in non-medical settings to the general public.”

Dr. Drai countered that there was no likelihood of confusion because “Dr. Dre is not a medical doctor, nor is he qualified to provide any type of medical services or sell products specifically in the medical or healthcare industry.”

Ultimately the USPTO’s Trademark Trial and Appeal Board (TTAB) sided with Dr. Drai, writing that “the issue is not whether purchasers would confuse the goods or services but whether there is a likelihood of confusion as to the source of the goods or services.” The Board found “no evidence of record” showing that “consumers would likely believe the parties’ goods and services would emanate from the same source” and dismissed Dr. Dre's opposition to the trademark application.

The Legal Fallout

Dr. Dre's legal case wasn't exceptionally strong, but it's important to note that trademark owners are responsible for policing their marks, i.e., making sure no one else is infringing upon them. Even though it's highly unlikely that failing to sue every infringer would result in an eventual finding that the trademark has been abandoned, it's still good practice to stay on top of potential infringers so they know you're prepared to defend your mark.